ServerWare Sdn Bhd and its holding company, associates, subsidiaries or related companies (“Serverware”)respect and are committed to the protection of your personal information and your privacy. This Personal Data Protection Policy explains how we collect and handle your personal information in accordance with the Malaysian Personal Data Protection Act 2010, which came into effect on 15th November 2013.
1. Collection of Personal Data
In the course of your dealings with ServerWare, we may have or will request that you provide data and information about yourself, your organisation, your employees and your customers (“Personal Data”) to enable us to enter into commercial transaction with you or to deliver the necessary notices, services and/or products in connection with our business. These are relevant in connection with our business process, execution, including delivery of notices, services and/or products and/or deliverables, client relationship
management, planning purposes in connection with future products, new product launches and events including promotional events with business partners within our scope of business undertakings.
2. Nature of Personal Data Collected
Personal Data collected may be subject to applicable data protection, privacy and other similar laws and may include but not limited to information concerning your name, date of birth, identity card number, passport number, address, gender, race, contact information, e-mail address, residential or postal addresses, information about spouses and/or children, telephone or fax number, preferred mode of communication, credit card details, bank name and other pertinent banking information, where permitted by applicable law.
3. Purpose of Collection of Personal Data
The Personal Data that has been or will be collected, processed and used by us for one or more of the following purposes:
If at any time you would like us to cease sending you promotional and/or marketing materials, please express the same by sending an email or letter to the address specified in Clause 11.
4. Source of Personal Data
The Personal Data that has been or will be collected, processed and used by us are sourced from wholly legitimate and transparent means such as:
At no time will any Personal Data be purchased by us or in any way commercially acquired through the purchase or trading of illegitimate and illegal Personal Data databases or lists.
5. Rights of Access and Correction
You have the right to request access to and if required, correction of your Personal Data in our records. You have the right to:
6. Disclosure of Personal Data
The information we gather is not sold, given to, or otherwise shared with other organisations for commercial or any other purposes.
All marketing materials, mailings, advertisements and/or newsletters will be sent directly to you by ServerWare and will not be stored, subject to you responding directly to the advertiser.
The Personal Data provided to us will be kept confidential and you hereby consent and authorise us to disclose your Personal Data to the following classes of parties:
Your Personal Data may also be disclosed if the disclosure is necessary for the purpose of preventing or detecting a crime, or for the purpose of investigations or is required or authorised by or under any law or by the order of a court.
External third parties are appointed by us and are legally tasked with processing your Personal Data in line with data privacy principles specified by ServerWare.
Third parties are also held legally responsible for securing your Personal Data at an appropriate level of security in relation to applicable data protection laws and widely accepted industry standards.
7. Choices to Limit Processing of Personal Data
The Personal Data provided to us undergoes processing as and when required or upon scheduled maintenance. The definition of processing is defined as “collecting, recording, holding or storing the personal data or carrying out any operation or set of operations on the personal data, including the organization, adaptation or alteration of personal data, the retrieval, consultation or use of personal data, the disclosure of personal data by transmission, transfer, dissemination or otherwise making available or the alignment, combination, correction, erasure or destruction of personal data”.
You have the right to limit in part or wholly any of the processes by which your data is subjected to in terms of the operations allowed to be performed upon it, the period that consent is given, with reasonable notice by you.
The responsibility for compliance rests on the shoulders of ServerWare who determines the purposes and means of the processing of Personal Data.
You may in person at any time withdraw or amend, in full or in part, your processing consent given previously, in each case subject to any applicable legal restrictions, contractual conditions and a reasonable time period at our corporate offices located at the address specified in Clause 11.
8. Consequences of Refusal / Failure to Provide Personal Data
The Personal Data provided to us are wholly voluntary in nature and you are not under any obligation or under any duress to do so. However, in some circumstances to complete a commercial transaction, we require certain personal details and information beforehand.
The failure to provide the Personal Data may result in the following which we shall not be held liable for any of the consequences arising therefrom:
9. Protection of Personal Data
Your Personal Data will be kept and processed in a secured manner. The appropriate administrative and security safeguards, policies and procedures will be implemented, as far as practicable, in accordance to the applicable laws and regulations. We will, as far as practicable, aim to prevent any unauthorized and/or unlawful processing of, and the accidental loss, destruction or damage to your Personal Data.
Serverware is committed to taking appropriate technical, physical and organisational measures to protect your Personal Data against unauthorised access, unlawful processing, accidental loss or damage, and unauthorised destruction of your Personal Data.
To safeguard against unauthorised access to Personal Data by unauthorised third parties outside Serverware, all electronic Personal Data held by Serverware is maintained on systems that are protected by secure networks. Serverware entities limit access to internal systems that hold Personal Data to a select group of authorised users who are given access to such systems through the use of a unique identifier and password. Access to Private Data is limited to and is provided only to relevant users for the purpose of performing their official duties.
Compliance with these provisions will be required of all third-party external administrators who may access your Personal Data, as described in the ‘Disclosure of Personal Data’ in Clause 6 above.
In accordance to Section 7(3) Personal Data Protection Act 2010, this Policy is issued in both Bahasa Malaysia and English languages. In the event of any conflict between this English language Personal Data Protection Policy and its corresponding Bahasa Malaysia Personal Data Protection Policy, the terms in this English language Policy shall prevail.
11. Your Privacy Preferences and How to Contact Us:
If you have complaints or queries regarding this Policy or in relation to misuse or suspected misuse of your personal data, you may –
Serverware reserves the right to amend this policy from time to time Where the Personal Data Protection Policy is revised, the same will be posted on our website and/or communicated to you via any other means of communication deemed suitable by us.
13. Data Transfer and Sharing
Your Personal Data may be stored and transferred to third party service or product providers, as well as to locations and/or systems within or outside Malaysia subject to strict confidentiality and appropriate levels of security safeguards.
Last updated 11.09am 7th Jan 2020